HOUSE OF REPRESENTATIVES

H.B. NO.

688

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to motor vehicle driver licensing.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  This Act shall be known and may be cited as the "Drivers Safety Act".

     SECTION 2.  Currently, Hawaii driver's licenses are unavailable to persons who fail to comply with sections 201 and 202 of the REAL ID Act of 2005, P. L. 109-13.  Accordingly, a person who does not submit satisfactory proof that his or her presence in the United States is authorized by federal law cannot operate a motor vehicle in the State of Hawaii.  The REAL ID Act, however, also specifically allows states to issue driver's licenses that do not comply with the minimum federal use requirements and standards of section 202 of the REAL ID Act of 2005.  This allowance is critical because restrictive identification requirements for driver's licenses have created a reality where undocumented immigrants, as well as a significant number of lawfully present non-immigrants cannot carry out necessary daily activities unless they operate motor vehicles without a license and therefore, without insurance.  Undocumented immigrants represent at least 3.1 per cent of Hawaii's population, or what amounts to forty thousand workers.  The Migration Policy Institute reports that one of the top three difficulties cited by immigrants in Hawaii is the ability to drive safely and legally to work or church, to run errands, and to drop children off to school.  Women in particular are disproportionately impacted by this difficulty because they are often the primary caretakers of children. 

     The legislature finds that the lack of access to driver's licensure as a result of unduly restrictive identification requirements poses a serious threat to the safety of the people of the State.  Allowing undocumented immigrants to obtain driver's licenses will improve public safety because it will enable them to be tested for driving skills and to buy insurance.  It is clear that Hawaii's current law needs to be revised and updated to provide full access to proper certification to all motorists in Hawaii.  Since 2013, there has been a significant increase in pro-immigrant efforts to expand access to driver's licenses.  Eleven states, the District of Columbia, and Puerto Rico have enacted laws that grant access to a driver's license or card, regardless of immigration status.  In 2014, Hawaii introduced similar legislation but failed to enact the proposed measure.

     It is not the legislative intent for this Act to endanger the State's compliance with the REAL ID Act of 2005.  Hawaii will remain compliant with the REAL ID Act of 2005 and will not lose federal grants or funding with the passage of this legislation.  The purpose of this Act, in view of these findings, is to enable the issuance of a uniquely identified limited purpose Hawaii driver's license, a limited purpose provisional Hawaii driver's license, or a limited purpose Hawaii instruction permit to applicants regardless of their immigration status, provided they meet all other qualifications for such licensure or permit and provide satisfactory proof of their identity and Hawaii residency.

     SECTION 3.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  Limited purpose motor vehicle licensing

     §286-A  limited purpose driver's license.  (a)  Except as provided in section 286-104(1), (4), and (5), the department of transportation shall issue a limited purpose driver's license, a limited purpose provisional driver's license, or a limited purpose instruction permit uniquely identified in compliance with the REAL ID Act of 2005 to an applicant, regardless of whether the applicant is able to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law, if the applicant meets all other qualifications and requirements for the license or permit and provides satisfactory proof to the department of transportation of the applicant's identity and Hawaii residency.  The department of transportation shall accept various types of documentation for the purpose of establishing identity and Hawaii residency, including but not limited to:

     (1)  A valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship, or a valid, unexpired passport from the applicant's country of citizenship;

     (2)  An original birth certificate or other proof of age as designated by the department of transportation;

     (3)  A home utility bill, lease or rental agreement, or other proof of Hawaii residency, as designated by the department of transportation;

     (4)  A United States Department of Homeland Security Form I-589, application for asylum and for withholding of removal;

     (5)  An official school or college transcript that includes the applicant's date of birth, or a foreign school record that is sealed and includes a photograph of the applicant at the age the transcript was issued;

     (6)  An official school or college identification card that includes the applicant's full name and a photograph of the applicant at the time the identification card was issued;

     (7)  A United States Department of Homeland Security Form I-20 or Form DS-2019;

     (8)  A United States customs and immigration services deferred action for childhood arrival approval letter;

     (9)  A deed or title to real property;

    (10)  An income tax return;

    (11)  A social security card; or

    (12)  The following documents, which if in a language other than English, shall be accompanied by a certified translation or an affidavit of translation into English:

         (A)  A marriage license or divorce certificate;

         (B)  A foreign federal electoral photo card issued on or after January 1, 1991; or

         (C)  A foreign driver's license.

     (b)  Notwithstanding any other law to the contrary, the department of transportation shall not require any applicant under this section to furnish information regarding an applicant's ineligibility for a social security account number.  The department of transportation shall not disclose the identity of an applicant who does not provide a social security card as a form of identification under this section.

     (c)  A limited purpose driver's license shall expire on the first birthday of the applicant occurring not less than eight years after the date of the issuance of the limited purpose driver's license, unless sooner revoked or suspended; provided that:

     (1)  The limited purpose driver's license shall expire on the first birthday of the applicant occurring not less than four years after the date of issuance, if at the time of issuance, the applicant is twenty-four years of age or younger;

     (2)  The limited purpose driver's license shall expire on the first birthday of the applicant occurring not less than two years after the date of issuance if, at the time of issuance, the applicant is seventy-two years of age or older; and

     (3)  If the applicant is a legal immigrant, the limited purpose driver's license shall expire no later than the licensee's authorized period of stay in the United States.

     (d)  If not suspended or revoked, a limited purpose provisional driver's license shall expire on the date of the limited purpose provisional licensee's nineteenth birthday.

     (e)  A limited purpose instruction permit shall expire one year after the date of issuance.

     §286-B  Identifying language.  (a)  A limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit issued pursuant to this part shall:

     (1)  On its face bear the phrase: "This license or permit is not acceptable for official federal purposes."; and

     (2)  On its reverse bear the phrase: "This license or permit is issued only as a license or permit to drive a motor vehicle.  It does not establish eligibility for employment, voter registration, or public benefits."

     (b)  If the United States Department of Homeland Security determines a limited purpose driver's license, limited purpose provisional license, or limited purpose instruction permit issued pursuant to this section does not satisfy the requirements of 6 C.F.R. 37.71, adopted pursuant to paragraph (11) of subdivision (d) of section 202 of the REAL ID Act of 2005, P.L. 109-13, the department of transportation shall modify the license, provisional license, or instruction permit only to the extent necessary to satisfy the requirements of that section.

     §286-C  Discrimination prohibited.  It shall be unlawful to discriminate against a person because the person holds or presents a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit issued pursuant to this part.

     §286-D  Data collection; confidentiality.  Information collected pursuant to this part is not a public record and shall not be disclosed by the department of transportation, except as required by law.

     §286-E  Application; fee.  Every application for a limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit shall be upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths.  The examiner of drivers and officers serving under the examiner may administer the oaths without charge.  Each application for a limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit shall be accompanied by a fee to be determined by each county council.

     §286-F  Rulemaking.  The department of transportation shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part."

     SECTION 4.  In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  This Act shall take effect on September 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Limited Purpose Driver's Licenses

 

Description:

Requires the Department of Transportation to issue limited purpose driver's licenses, limited purpose provisional driver's licenses, and limited purpose instruction permits to persons who meet the qualifications of licensure regardless of immigration status.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.